Add quotation marks "x" before and after the phrase. Key in the other word(s) to be searched with each word separated by a space.

"Preliminary objection" commission secret speculation will find all the cases containing the exact phrase and all the words somewhere in the text. The exact phrase and words may not necessarily be next to each other.

ADMINISTRATIVE LAW: Remedies - Mandamus - Applicant left Islam and embraced Christianity - Applicant applied to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Application for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Whether Director-General of National Registration Malaysia had basis to insisted on court order to effect amendment in applicant's identity card

CIVIL PROCEDURE: Jurisdiction - Syariah Court - Applicant left Islam and embraced Christianity and sought to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Applicant applied for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Director-General of National Registration Malaysia still insisted on letter of release from Islam and court order - Whether Syariah Court has jurisdiction to deal with apostasy matters - Whether Syariah Court has jurisdiction to issue certificate of release from Islam

WORDS & PHRASES: 'Professing' - Item 1 of List II of Ninth Schedule of Federal Constitution - Applicant left Islam and embraced Christianity - Applicant required to produce letter of release from Islam and court order - Jurisdiction of Syariah Court over persons `professing' religion of Islam - Whether applicant could be considered `professing' faith in Islam - Whether Syariah Court has jurisdiction to issue such order

[1] Issue: On the power of Magistrates and Sessions Court judges to expunge exhibits from the evidence in a criminal trial; and whether the learned Sessions Court judge herein could properly expunge from the evidence a police report (D3) lodged by a defence witness in relation to an arrest and release of suspects, after disbelieving the same and finding it not genuine based on testimonies of witnesses.

"Although a court has the power to expunge evidence at any stage of a criminal trial, that discretion has to be exercised judicially".

"A trial judge in a criminal case could only expunge evidence when it prejudices the accused's case or when the evidence is clearly irrelevant, but not on the premise that the trial judge does not believe it."

"An admitted evidence could be disallowed only if, (upon) strict rules of admissibility, (it) would operate unfairly against the accused. In this case, the admission of D3 and other defence's evidence did not operate unfairly against the accused. Instead, it was meant to support the defence case."

"The expungement of a disbelieved piece of defence's evidence just because the defence case had purportedly failed to prove it would be a misdirection by the trial judge, and it would surely have prejudiced the accused's defence. The appellant was convicted on wrongly rejected evidence, and in my opinion, a failure of justice had been occasioned" – Per Choo Kah Sing JC.

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EVIDENCE: Proof of - Misrepresentation - Misrepresentation about certain fact - Representation that the forward and middle masts had been confirmed cut to deck level - Denial of knowledge of that fact - Whether 'not knowing' was proof that there had been misrepresentation

TORT: Negligence - Damages - Claim for loss of use of vessel as a result of collision - Causation - Whether collision was beyond control of defendant - Whether plaintiff had conducted itself negligently and caused collision

TORT: Negligence - Res ipsa loquitur - Applicability of doctrine of res ipsa loquitur - Collision - Existence of material witnesses who could testify as to how accident occurred and as to cause of accident but were not called - Whether doctrine only applicable if causes of accident are unknown - Whether res ipsa loquitor could be relied upon by a party who chooses not to call relevant witnesses to testify as to cause of an accident

CIVIL PROCEDURE: Striking out - Action - Action to set aside consent judgment premised on fraud - Allegation that director who authorized execution of consent judgment was unfit to hold office as director by virtue of his bankruptcy - Attempt to re-litigate suit - Whether bankruptcy of a director had any bearing on validity of consent judgment – Whether s. 127 of Companies Act 1965 negated allegation of fraud in attempting to set aside consent judgment - Whether plaintiff's action sustainable - Whether plaintiff ought to be estopped from applying to set aside consent judgment in attempt to re-litgate suit

CIVIL PROCEDURE: Reliefs - In interest of justice - Compensation in form of rental for loss of use and enjoyment of property - Order for rental not specifically pleaded - Whether court may order reliefs which has not been specifically pleaded as justice may require

LAND LAW: Transfer - Transfer by will - Validity - Right of an owner of half share of land to transfer - Whether owner of half share of land had an indefeasible title to his share of land - Whether owner of half share of land had right to transfer that half share to others

LAND LAW: Ownership - Dispute - Title to property - Dispute between co-owners of property - Allegation by plaintiff that property was owned by him and his late mother - Dispute as to transfer of shares in property by late mother to defendant by will - Will was declared to be valid - Whether defendant acquired title to half share of property previously owned by late mother by will - Whether property was owned by both plaintiff and defendant in equal shares

SUCCESSION: Will - Validity - Disposal of property by will - Undue influence - Whether there was element of undue influence and coercion - Whether testator was of sound mind and had communicated her wish to transfer her shares in land - Wills Act 1959 ss. 3 & 5

Remedies - Mandamus - Applicant left Islam and embraced Christianity - Applicant applied to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Application for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Whether Director-General of National Registration Malaysia had basis to insist on court order to effect amendment in applicant's identity cardAzmi Mohamad Azam v. Director of Jabatan Agama Islam Sarawak & Ors
(Yew Jen Kie J) [2016] 6 CLJ 562 [HC]

Damages - Assessment of - Measure of damages - Trespass to land - Unlawful occupiers - Findings of - Whether Senior Assistant Registrar and judge in chambers misapplied correct measure of damages - Whether land markedly appreciated in value between time of purchase and date of assessment of damages - Whether damages suffered adequately compensated based on increase in market value of land - Whether there was diminution in value to land - Whether defendants occupied part of land - Whether Senior Assistant Registrar and judge in chambers erred in awarding amount of damagesOthman Ali & Ors v. Bukit Lenang Development Sdn Bhd
(Zaharah Ibrahim, Mohamad Ariff Yusof, Varghese George JJCA) [2016] 6 CLJ 508 [CA]

Jurisdiction - Forum - Proper forum to commence action - Action against company directors for breach of fiduciary duties - Company incorporated in United Kingdom with business address in Malaysia - Whether internal management of company governed by law of place of incorporation - Dealing of company shares - Whether issuance and tradability of shares governed by laws of United Kingdom - Whether dispute should be heard in Malaysian courts - Whether United Kingdom a more suitable and appropriate forum to determine dispute - Whether stay application ought to be allowedPeter Ola Blomqvist v. Zavarco Plc & Ors And Other Appeals
(Rohana Yusuf, Idrus Harun, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 523 [CA]

Jurisdiction - Syariah Court - Applicant left Islam and embraced Christianity and sought to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Applicant applied for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Director-General of National Registration Malaysia still insisted on letter of release from Islam and court order - Whether Syariah Court has jurisdiction to deal with apostasy matters - Whether Syariah Court has jurisdiction to issue certificate of release from IslamAzmi Mohamad Azam v. Director of Jabatan Agama Islam Sarawak & Ors
(Yew Jen Kie J) [2016] 6 CLJ 562 [HC]

Stay of proceedings - Application for - Action against company directors for breach of fiduciary duties - Jurisdiction - Forum non conveniens - Company incorporated in United Kingdom with business address in Malaysia - Whether internal management of company governed by law of place of incorporation - Dealing of company shares - Whether issuance and tradability of shares governed by laws of United Kingdom - Whether dispute should be heard in Malaysian courts - Whether United Kingdom a more suitable and appropriate forum to determine dispute - Whether stay application ought to be allowedPeter Ola Blomqvist v. Zavarco Plc & Ors And Other Appeals
(Rohana Yusuf, Idrus Harun, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 523 [CA]